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Suspect charged in Pavaiai assault may face additional charges

American Samoa District Court building
Possible sexual abuse charges are being investigated
ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A man was arrested last month after he allegedly assaulted another man in Pavaiai. The government will file additional charges against the suspect after police finalize their investigation regarding an alleged sexual abuse incident.

When police apprehended the suspect, a glass pipe containing a white crystalline substance was found inside his pants left pocket.

(Despite the names appearing in the police report, Samoa News has chosen to not name the individuals in this report to protect the privacy of the female.)

The 42-year-old defendant made his initial appearance in court last month.

He is charged with unlawful possession of methamphetamine (meth), a felony, along with trespass; public peace disturbance (PPD) and 3rd-degree assault armed with a dangerous weapon; all misdemeanors.

Bail is set at $5,000. The court informed the defendant that bail would be increased if the government files additional charges against him.

The defendant is scheduled to appear in court next week for a status hearing where the government is looking at filing additional charges against him.

THE ALLEGATION

The government claims that on Mar. 9, 2022, a 19-year-old male individual called the TPS for assistance after a fight escalated between his uncle and a man from the same village. He was later identified as the defendant in this matter.

Several police officers responded to the call and met up with the reporter. Officers also observed a crowd of people gathered around while three men tried to keep another male from going back to the victim’s house.

People who were at the scene explained to police what allegedly happened that day.

The reporter who made the call explained to police that it was around 3 p.m when he heard people yelling and screaming from his uncle’s house not far from his house. He ran to his uncle’s house and saw a crowd of people gathering there while two men were trying to help his uncle sit up from the ground.

He learned from one of his cousins that his uncle was assaulted by the defendant. The reporter told police that he immediately remember an alleged sex case involving the defendant and his female cousin a few days back, where the defendant went to the house very intoxicated and allegedly touched her inappropriately.

The reporter further told police that he believes that is the reason the defendant assaulted his uncle, because his uncle went to their family sa’o and told him about the alleged sexual abuse incident. The family sa’o is the defendant’s brother.

Investigators turned to the man allegedly involved in the fight with the defendant, who explained he has known the defendant for many years because he used to be married to his aunt and lives the same village.

The victim explained to investigators that on the first Saturday of March of this year, he called the defendant’s son to come and fix his house door and the windows of the living room, saying he would give him money as he has always done in the past. The defendant’s son agreed and he turned up at his house around noon to start his job, along with his father, the defendant.

The victim told police that the defendant and his son were left alone to do the house repairs while he went to take his vehicle to his mechanic in Alofau to fix. He stated that his16-year-daughter was sleeping inside the house, along with his two nephews when he and his wife left.

According to the victim’s statement to police, when they arrived back home. his nephew approached him and told him that uncle T.L (initials for the defendant) came inside the house very intoxicated and allegedly touched (C.U) on the chest. The defendant had already left the house at this time.

The victim then went straight to his daughter (victim) and approached her about what happened.

The daughter told him that she was lying on the couch inside the kitchen when she felt someone touching her inappropriately. That’s when she woke up and saw T.L. standing at the side of the couch, holding a cigarette and a beer can, while his son was drilling the side window of the house.

The victim told her father that she immediately stood up and yelled at T.L about his actions and walked over to where her cousins were sleeping.

The victim said that the defendant apologized to her for what he did and immediately took off. She also smelled a strong odor of alcohol inside the house during the time he was there. That’s when the victim woke her cousins and told them what allegedly happened between her and T.L.

The victim’s father went to the defendant’s house but he was not there. He tried to call his cell phone but he never answered. The victim’s father then went to their family sa’o (defendant’s brother) and informed him about the alleged incident.

The victim’s father also spoke to the defendant’s son who had done the repair work at his house, and the defendant’s son said he was not aware of anything that happened; although he said that his father (defendant) had gone inside the kitchen while he was outside doing his work.

Two weeks later, the defendant and a friend visited the victim’s home both intoxicated. He confronted the victim’s father and asked him about rumors he (victim’s father) spread in the neighborhood that he had sexually abused his daughter.

As the victim’s father tried to speak to him, the defendant allegedly struck him in the head with a piece of wood causing him to fall. He also kicked the victim in his back and facial area, multiple times, before he took off. The man who was with the defendant at that time took off.

Investigators interviewed the daughter and she confirmed to police her father’s statement about what happened.

After considering all the information regarding the alleged incident, the defendant was transported to the TPS for further investigation.

He was Mirandized after which he informed investigators that he understood his rights and wished to make a statement about what allegedly happened.

When questioned by investigators, he strongly denied the allegation against him. He said he wouldn’t do such a bad thing to his own family and he considered the man and his family as his own children.

He told investigators that he went to drop his son off to fix the door and the window of the house. He admitted that he been drinking on that afternoon. He also admitted that he went inside the kitchen to see from the inside if the window was straight or not.

He further stated that after his son fixed the door and the window he went back inside the kitchen to double check his work.

He said he also consumed 4 small bottles of beer, and he did not know that there were any children inside the house.

When asked by the investigator if there was anytime he walked into the kitchen and inappropriately touched the victim, he said, no.

He told investigators that he never had any intention to do such an act because he doesn’t want to be locked up and for the fact that the family is like his family, the children are also like his own children.

He said that he has a free life and he doesn’t want to be in prison because he is enjoying what he’s doing to earn a living for himself and his family.

After considering all information from everyone involved in the case, including the defendant, the defendant was arrested and transported to the Territorial Correctional Facility (TCF) where he was booked and detained.

Before the defendant was transported to the TPS, he was patted down and during the body search, police discovered a small stamp sized baggie containing a white crystalline substance inside his pocket, which later tested positive for meth.

When questioned about the baggie containing meth, the defendant said he got it from an old friend.